You are viewing the translated version of सामूहिक माग दाबी पेश गर्न सक्ने.
Section 116
Who can submit a collective demand claim
: (1) There will be a collective bargaining committee as follows in the establishment employing ten or more workers:
(a) a group of negotiating representatives designated on behalf of the elected official trade union of the establishment,
(b) A group of negotiation representatives nominated by mutual consent of all the unions in the establishment in case the election of the official trade union as per clause (a) has not been held or the term has expired due to the election,
(c) In the absence of an official trade union as per clause (a) or a group as per clause (b), a group of representatives supported by the signatures of more than sixty percent of the workers employed in the establishment.
(2) The Collective Bargaining Committee may submit a collective demand claim in writing to the employer on matters related to the welfare of the workers.
(3) Notwithstanding anything contained in sub-section (2), a collective demand claim shall not be filed in respect of the following matters:
(a) Constitution of Nepal will be unfavorable,
(b) Prejudicing anyone's interest on the basis of unproven or baseless allegations,
(c) matters affecting the personal conduct of any employer or worker,
(d) Matters unrelated to his establishment,
(e) until the expiry of the period specified in this Act for the conclusion of a collective agreement,
(f) Regarding the rate of contribution and the benefits prescribed for the social security scheme.
(4) Collective Bargaining Committee can consist of three people to a maximum of eleven people as determined based on the number of workers.
(5) The collective bargaining committee formed in accordance with this section shall have the right to submit collective demand claims, negotiate agreements, file lawsuits against any person or defend in lawsuits.
(a) a group of negotiating representatives designated on behalf of the elected official trade union of the establishment,
(b) A group of negotiation representatives nominated by mutual consent of all the unions in the establishment in case the election of the official trade union as per clause (a) has not been held or the term has expired due to the election,
(c) In the absence of an official trade union as per clause (a) or a group as per clause (b), a group of representatives supported by the signatures of more than sixty percent of the workers employed in the establishment.
(2) The Collective Bargaining Committee may submit a collective demand claim in writing to the employer on matters related to the welfare of the workers.
(3) Notwithstanding anything contained in sub-section (2), a collective demand claim shall not be filed in respect of the following matters:
(a) Constitution of Nepal will be unfavorable,
(b) Prejudicing anyone's interest on the basis of unproven or baseless allegations,
(c) matters affecting the personal conduct of any employer or worker,
(d) Matters unrelated to his establishment,
(e) until the expiry of the period specified in this Act for the conclusion of a collective agreement,
(f) Regarding the rate of contribution and the benefits prescribed for the social security scheme.
(4) Collective Bargaining Committee can consist of three people to a maximum of eleven people as determined based on the number of workers.
(5) The collective bargaining committee formed in accordance with this section shall have the right to submit collective demand claims, negotiate agreements, file lawsuits against any person or defend in lawsuits.